Terms of Service

By creating an account or using SmartMenu, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you may not access or use our services. These terms constitute a legally binding agreement between you (whether as an individual or entity) and SmartMenu.

SmartMenu is a software-as-a-service (SaaS) platform that enables restaurants, bars, cafes, and other food establishments to: • Create and manage digital menus • Generate customized QR codes for menu access • Automatically translate menus into multiple languages • Access analytics about menu views • Customize the appearance of the digital menu • Manage multiple establishments (for franchises)

To use our services, you must create an account by providing accurate and complete information. You are responsible for: • Maintaining the confidentiality of your login credentials • All activities that occur under your account • Notifying us immediately of any unauthorized use • Ensuring your contact information is up to date You may not share your credentials or allow third parties to access your account. We reserve the right to suspend or terminate accounts that violate these terms.

We offer different subscription plans: • Starter Plan: Free forever with limited features (up to 10 products) • Professional Plan: Monthly or annual subscription with unlimited features For paid plans: • Payments are processed securely through Stripe • Subscriptions renew automatically • You can cancel at any time without penalty • There are no refunds for partial periods • Prices may be adjusted with 30 days notice

When using SmartMenu, you agree NOT to: • Use the service for illegal or fraudulent purposes • Publish offensive, defamatory content or content that violates third-party rights • Attempt to access unauthorized systems or data • Interfere with the platform's operation • Use unauthorized bots or automation • Resell or sublicense the service without authorization • Publish false information about products or prices • Violate consumer protection laws

You retain all rights to the content you publish on SmartMenu (text, images, product descriptions). By publishing content, you grant us a worldwide, non-exclusive, royalty-free license to: • Display the content on your menu page • Store and process the content • Back up the content You warrant that you have the necessary rights to publish all content and that it does not violate third-party rights.

SmartMenu and all its content, features, and functionality (including software, text, graphics, logos, icons, and design) are the exclusive property of SmartMenu or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without express written permission.

Our collection and use of personal data are governed by our Privacy Policy, which is an integral part of these Terms. By using our services, you also agree to our Privacy Policy. You are responsible for ensuring that your collection of customer data through the digital menu complies with applicable data protection laws.

The services are provided "as is" and "as available." To the maximum extent permitted by law, SmartMenu makes no warranties of any kind, express or implied, including: • Warranties of merchantability • Fitness for a particular purpose • Non-infringement • Uninterrupted availability • Absence of errors or viruses We do not guarantee that the service will meet all your specific requirements.

To the maximum extent permitted by law, SmartMenu shall not be liable for: • Indirect, incidental, special, or consequential damages • Loss of profits, revenue, data, or business opportunities • Damages resulting from use or inability to use the service • Actions of third parties Our total liability shall not exceed the amount paid by you in the last 12 months.

You agree to defend, indemnify, and hold harmless SmartMenu, its directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from: • Your use of the services • Violation of these terms • Content you publish • Violation of third-party rights

You may terminate your account at any time through the settings panel. We may suspend or terminate your account if: • You violate these terms • Your use poses a risk to other users • Required by law • You fail to pay due fees After termination, your right to use the services will cease immediately. Data may be retained as per our Privacy Policy.

We may modify these terms at any time. We will notify you of significant changes by email or through the service with at least 30 days notice. Your continued use of the services after the changes take effect constitutes acceptance of the new terms. If you do not agree, you must stop using the services.

These terms are governed by the laws of the Federative Republic of Brazil. Any dispute shall be resolved in the courts of São Paulo, SP, Brazil. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

If you have questions about these Terms of Service, please contact us: • Email: info@smartmenu.cc • Website: https://smartmenu.cc